Case 2:20-cr-00035-JFW Document 24 Filed 03/27/20 Page 1 of 27 Page ID #:111

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NICOLA T. HANNA
United States Attorney
BRANDON D. FOX
Assistant United States Attorney
Chief, Criminal Division
MACK E. JENKINS (Cal. Bar No.242101)
VERONICA DRAGALIN (Cal. Bar No. 281370)
MELISSA MILLS (Cal. Bar No. 248529)
Assistant United States Attorney
Public Corruption and Civil Rights Section
1500 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-2091
Facsimile: (213) 894-2927
Email:
mack.jenkins@usdoj.gov
veronica.dragalin@usdoj.gov
melissa.mills@usdoj.gov

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. CR 20-CR-35-JFW
PLEA AGREEMENT FOR DEFENDANT
MITCHELL ENGLANDER

v.
MITCHELL ENGLANDER,

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Defendant.

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1.

This constitutes the plea agreement between MITCHELL

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ENGLANDER (“defendant”) and the United States Attorney’s Office for

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the Central District of California (the “USAO”) in the above-

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captioned case.

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bind any other federal, state, local, or foreign prosecuting,

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enforcement, administrative, or regulatory authorities.

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This agreement is limited to the USAO and cannot

DEFENDANT’S OBLIGATIONS
2.

Defendant agrees to:

 Case 2:20-cr-00035-JFW Document 24 Filed 03/27/20 Page 2 of 27 Page ID #:112

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a.

At the earliest opportunity requested by the USAO and

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provided by the Court, appear and plead guilty to count one of the

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indictment in United States v. Mitchell Englander, No. 20-CR-35-JFW,

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which charges defendant with a scheme to falsify material facts, in

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violation of 18 U.S.C. § 1001(a)(1).

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Not contest the Factual Basis agreed to in this

c.

Abide by all agreements regarding sentencing contained

agreement.

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b.

in this agreement.

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d.

Appear for all court appearances, surrender as ordered

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for service of sentence, obey all conditions of any bond, and obey

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any other ongoing court order in this matter.

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e.

Not commit any crime; however, offenses that would be

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excluded for sentencing purposes under United States Sentencing

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Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not

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within the scope of this agreement.

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f.

Be truthful at all times with the United States

Probation and Pretrial Services Office and the Court.

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g.

Pay the applicable special assessment at or before the

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time of sentencing unless defendant has demonstrated a lack of

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ability to pay such assessments.

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THE USAO’S OBLIGATIONS
3.

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The USAO agrees to:
a.

Not contest the Factual Basis agreed to in this

b.

Abide by all agreements regarding sentencing contained

agreement.

in this agreement.

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 Case 2:20-cr-00035-JFW Document 24 Filed 03/27/20 Page 3 of 27 Page ID #:113

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c.

At the time of sentencing, move to dismiss the

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remaining counts of the indictment as against defendant.

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agrees, however, that at the time of sentencing the Court may

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consider any dismissed charges in determining the applicable

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Sentencing Guidelines range, the propriety and extent of any

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departure from that range, and the sentence to be imposed.

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d.

Defendant

At the time of sentencing, provided that defendant

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demonstrates an acceptance of responsibility for the offense up to

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and including the time of sentencing, recommend a two-level reduction

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in the applicable Sentencing Guidelines offense level, pursuant to

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U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an

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additional one-level reduction if available under that section.

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e.
imprisonment.

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Not seek a sentence of imprisonment above 36 months of

NATURE OF THE OFFENSE
4.

Defendant understands that for defendant to be guilty of

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the crime charged in count one, that is, a scheme to falsify material

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facts, in violation of Title 18, United States Code, Section

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1001(a)(1), the following must be true: (1) defendant had a duty to

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disclose material information; (2) defendant falsified, concealed, or

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covered up such a fact by trick, scheme, or fraud; (3) the falsified,

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concealed, or covered up fact was material; (4) the falsification

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and/or concealment was knowing and willful; and (5) the material fact

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was within the jurisdiction of the Executive Branch.

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PENALTIES
5.

Defendant understands that the statutory maximum sentence

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that the Court can impose for a violation of Title 18, United States

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Code, Section 1001, is: 5 years of imprisonment; a 3-year period of
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 Case 2:20-cr-00035-JFW Document 24 Filed 03/27/20 Page 4 of 27 Page ID #:114

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supervised release; a fine of $250,000 or twice the gross gain or

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gross loss resulting from the offense, whichever is greatest; and a

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mandatory special assessment of $100.

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6.

Defendant understands that supervised release is a period

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of time following imprisonment during which defendant will be subject

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to various restrictions and requirements.

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if defendant violates one or more of the conditions of any supervised

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release imposed, defendant may be returned to prison for all or part

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of the term of supervised release authorized by statute for the

Defendant understands that

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offense that resulted in the term of supervised release, which could

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result in defendant serving a total term of imprisonment greater than

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the statutory maximum stated above.

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7.

Defendant understands that, by pleading guilty, defendant

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may be giving up valuable government benefits and valuable civic

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rights, such as the right to vote, the right to possess a firearm,

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the right to hold office, and the right to serve on a jury.

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Defendant understands that he is pleading guilty to a felony and that

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it is a federal crime for a convicted felon to possess a firearm or

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ammunition.

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may also subject defendant to various other collateral consequences,

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including but not limited to revocation of probation, parole, or

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supervised release in another case and suspension or revocation of a

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professional license.

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collateral consequences will not serve as grounds to withdraw

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defendant’s guilty plea.

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Defendant understands that the conviction in this case

Defendant understands that unanticipated

FACTUAL BASIS
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Defendant admits that defendant is, in fact, guilty of the

offense to which defendant is agreeing to plead guilty.
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Defendant

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and the USAO agree to the statement of facts set forth in Attachment

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A and agree that this statement of facts is sufficient to support a

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plea of guilty to the charge described in this agreement and to

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establish the Sentencing Guidelines factors set forth in paragraph 10

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below but is not meant to be a complete recitation of all facts

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relevant to the underlying criminal conduct or all facts known to

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either party that relate to that conduct.

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SENTENCING FACTORS
9.

Defendant understands that in determining defendant’s

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sentence the Court is required to calculate the applicable Sentencing

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Guidelines range and to consider that range, possible departures

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under the Sentencing Guidelines, and the other sentencing factors set

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forth in 18 U.S.C. § 3553(a).

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Sentencing Guidelines are advisory only, that defendant cannot have

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any expectation of receiving a sentence within the calculated

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Sentencing Guidelines range, and that after considering the

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Sentencing Guidelines and the other § 3553(a) factors, the Court will

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be free to exercise its discretion to impose any sentence it finds

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appropriate up to the maximum set by statute for the crime of

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conviction.

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10.

Defendant understands that the

Except as set forth in paragraph 3(d) and 3(e) above,

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defendant and the USAO have no agreement as to the appropriate

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sentence or the applicable Sentencing Guidelines factors.

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set forth in paragraph 3(d) and 3(e), both parties reserve the right

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to argue for any criminal history score and category, base offense

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level, specific offense characteristics, adjustments, departures, and

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variances.

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Except as

 Case 2:20-cr-00035-JFW Document 24 Filed 03/27/20 Page 6 of 27 Page ID #:116

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11.

Consistent with paragraph 3, defendant and the USAO reserve

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the right to argue for a sentence outside the sentencing range

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established by the Sentencing Guidelines based on the factors set

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forth in 18 U.S.C. § 3553(a)(1), (a)(2), (a)(3), (a)(6), and (a)(7).

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Specifically, defendant reserves the right to argue for a sentence of

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probation.

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WAIVER OF CONSTITUTIONAL RIGHTS
12.

Defendant understands that by pleading guilty, defendant

gives up the following rights:

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a.

The right to persist in a plea of not guilty.

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b.

The right to a speedy and public trial by jury.

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c.

The right to be represented by counsel –- and if

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necessary have the Court appoint counsel -- at trial.

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understands, however, that, defendant retains the right to be

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represented by counsel –- and if necessary have the Court appoint

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counsel –- at every other stage of the proceeding.

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d.

Defendant

The right to be presumed innocent and to have the

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burden of proof placed on the government to prove defendant guilty

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beyond a reasonable doubt.

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e.

The right to confront and cross-examine witnesses

against defendant.
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The right to testify and to present evidence in

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opposition to the charges, including the right to compel the

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attendance of witnesses to testify.

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g.

The right not to be compelled to testify, and, if

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defendant chose not to testify or present evidence, to have that

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choice not be used against defendant.

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h.

Any and all rights to pursue any affirmative defenses,

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Fourth Amendment or Fifth Amendment claims, and other pretrial

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motions that have been filed or could be filed.

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WAIVER OF APPEAL OF CONVICTION
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Defendant understands that, with the exception of an appeal

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based on a claim that defendant’s guilty plea was involuntary, by

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pleading guilty defendant is waiving and giving up any right to

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appeal defendant’s conviction on the offense to which defendant is

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pleading guilty.

Defendant understands that this waiver includes,

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but is not limited to, arguments that the statute to which defendant

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is pleading guilty is unconstitutional, and any and all claims that

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the statement of facts provided herein is insufficient to support

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defendant’s plea of guilty.

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LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE
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Defendant agrees that, provided the Court imposes a total

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term of imprisonment on all counts of conviction of no more than 36

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months of imprisonment, defendant gives up the right to appeal all of

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the following: (a) the procedures and calculations used to determine

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and impose any portion of the sentence; (b) the term of imprisonment

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imposed by the Court; (c) the fine imposed by the Court, provided it

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is within the statutory maximum; (d) to the extent permitted by law,

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the constitutionality or legality of defendant’s sentence, provided

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it is within the statutory maximum; (e) the term of probation or

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supervised release imposed by the Court, provided it is within the

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statutory maximum; and (f) any of the following conditions of

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probation or supervised release imposed by the Court: the conditions

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set forth in General Order 18-10 of this Court; the drug testing

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conditions mandated by 18 U.S.C. §§ 3563(a)(5) and 3583(d).
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15.

The USAO agrees that, provided all portions of the sentence

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are at or below the statutory maximum specified above and the Court

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imposes a term of imprisonment within or above the range

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corresponding to an offense level of 15 and the criminal history

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category calculated by the Court, the USAO gives up its right to

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appeal any portion of the sentence.

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RESULT OF WITHDRAWAL OF GUILTY PLEA
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Defendant agrees that if, after entering a guilty plea

pursuant to this agreement, defendant seeks to withdraw and succeeds

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in withdrawing defendant’s guilty plea on any basis other than a

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claim and finding that entry into this plea agreement was

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involuntary, then (a) the USAO will be relieved of all of its

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obligations under this agreement; and (b) should the USAO choose to

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pursue any charge that was either dismissed or not filed as a result

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of this agreement, then (i) any applicable statute of limitations

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will be tolled between the date of defendant’s signing of this

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agreement and the filing commencing any such action; and

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(ii) defendant waives and gives up all defenses based on the statute

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of limitations, any claim of pre-indictment delay, or any speedy

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trial claim with respect to any such action, except to the extent

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that such defenses existed as of the date of defendant’s signing this

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agreement.

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RESULT OF VACATUR, REVERSAL OR SET-ASIDE
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Defendant agrees that if the count of conviction is

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vacated, reversed, or set aside, both the USAO and defendant will be

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released from all their obligations under this agreement.

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EFFECTIVE DATE OF AGREEMENT

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This agreement is effective upon signature and execution of

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all required certifications by defendant, defendant’s counsel, and an

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Assistant United States Attorney.

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BREACH OF AGREEMENT

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Defendant agrees that if defendant, at any time after the

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signature of this agreement and execution of all required

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certifications by defendant, defendant’s counsel, and an Assistant

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United States Attorney, knowingly violates or fails to perform any of

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defendant’s obligations under this agreement (“a breach”), the USAO

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may declare this agreement breached.

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are material, a single breach of this agreement is sufficient for the

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USAO to declare a breach, and defendant shall not be deemed to have

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cured a breach without the express agreement of the USAO in writing.

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If the USAO declares this agreement breached, and the Court finds

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such a breach to have occurred, then: (a) if defendant has previously

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entered a guilty plea pursuant to this agreement, defendant will not

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be able to withdraw the guilty plea, and (b) the USAO will be

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relieved of all its obligations under this agreement.

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All of defendant’s obligations

Following the Court’s finding of a knowing breach of this

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agreement by defendant, should the USAO choose to pursue any charge

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that was either dismissed or not filed as a result of this agreement,

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then:

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a.

Defendant agrees that any applicable statute of

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limitations is tolled between the date of defendant’s signing of this

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agreement and the filing commencing any such action.

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b.

Defendant waives and gives up all defenses based on

the statute of limitations, any claim of pre-indictment delay, or any
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speedy trial claim with respect to any such action, except to the

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extent that such defenses existed as of the date of defendant’s

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signing this agreement.

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c.

Defendant agrees that: (i) any statements made by

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defendant, under oath, at the guilty plea hearing (if such a hearing

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occurred prior to the breach); (ii) the agreed to factual basis

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statement in this agreement; and (iii) any evidence derived from such

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statements, shall be admissible against defendant in any such action

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against defendant, and defendant waives and gives up any claim under

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the United States Constitution, any statute, Rule 410 of the Federal

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Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal

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Procedure, or any other federal rule, that the statements or any

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evidence derived from the statements should be suppressed or are

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inadmissible.

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COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

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OFFICE NOT PARTIES

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21.

Defendant understands that the Court and the United States

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Probation and Pretrial Services Office are not parties to this

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agreement and need not accept any of the USAO’s sentencing

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recommendations or the parties’ agreements to facts or sentencing

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factors.

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Defendant understands that both defendant and the USAO are

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free to: (a) supplement the facts by supplying relevant information

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to the United States Probation and Pretrial Services Office and the

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Court, (b) correct any and all factual misstatements relating to the

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Court’s Sentencing Guidelines calculations and determination of

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sentence, and (c) argue on appeal and collateral review that the

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Court’s Sentencing Guidelines calculations and the sentence it
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chooses to impose are not error, although each party agrees to

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maintain its view that the calculations in paragraph 10 are

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consistent with the facts of this case.

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the USAO and defendant to submit full and complete factual

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information to the United States Probation and Pretrial Services

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Office and the Court, even if that factual information may be viewed

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as inconsistent with the Factual Basis agreed to in this agreement.

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This paragraph permits both

Defendant understands that even if the Court ignores any

sentencing recommendation, finds facts or reaches conclusions

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different from those agreed to, and/or imposes any sentence up to the

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maximum established by statute, defendant cannot, for that reason,

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withdraw defendant’s guilty plea, and defendant will remain bound to

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fulfill all defendant’s obligations under this agreement.

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understands that no one –- not the prosecutor, defendant’s attorney,

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or the Court –- can make a binding prediction or promise regarding

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the sentence defendant will receive, except that it will be within

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the statutory maximum.

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Defendant

NO ADDITIONAL AGREEMENTS

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Defendant understands that, except as set forth herein,

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there are no promises, understandings, or agreements between the USAO

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and defendant or defendant’s attorney, and that no additional

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promise, understanding, or agreement may be entered into unless in a

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writing signed by all parties or on the record in court.

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//

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//

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//

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//

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//
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 PLEA AGREEMENT PART OF

Case Document 24 Filed 03/27/20 Page 12 of 27 Page ID #:122

THE GUILTY PLEA HEARING

 

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AGREED AND ACCEPTED

UNITED STATES OFFICE
FOR THE CENTRAL DISTRICT OF
CALIFORNIA

NICOLA T. HANNA
United States Attorney 



The parties agree that this agreement will be considered
part of the record of defendant's guilty plea hearing as if the

entire agreement had been read into the record of the proceeding.

 

 

 

 

    

 

 

 

@3le Date I 
VER ICA DR ALIN
ME SSA MI 
As istant 'ited States Attorneys

dz;??211? March 25, 2020
MITCHEUL ENG DER Date
Defendant

Mar25,2020


JANET LEVINE Date

Attorney for Defendant
MITCHELL ENGLANDER

 

 

12

 

Case Document 24 Filed 03/27/20 Page 13 of 27 Page ID #:123

CERTIFICATION OF DEFENDANT

 

I have read this agreement in its entirety. I have had enough
time to review and consider this agreement, and I have carefully and
thoroughly discussed every part of it with my attorney.' I understand
the terms of this agreement, and I voluntarily agree to those terms.
I have discussed the evidence with my attorney, and my attorney has
advised me of my rights, of possible pretrial motions that might be
filed, of possible defenses that might be asserted either prior to or
at trial, of the sentencing factors set forth in 18 U.S.C. 3553(a],
of relevant Sentencing Guidelines provisions, and of the consequences
of entering into this agreement.. No promises, inducements, or
representations of any kind have been made to me other than those
contained in this agreement. No one has threatened or forced me in
any way to enter into this agreement. I am satisfied with the
representation of my attorney in this matter, and I am pleading
guilty because I am guilty of the charge and wish to take advantage

of the promises set forth in this agreement, and not for any other

 

 

 

 

reason.

MM March 25, 2020
MITCHELL meanness Date

Defendant

l3

 

Case Document 24 Filed 03/27/20 Page 14 of 27 Page ID #:124

CERTIFICATION OF ATTORNEY

 

I am MITCHELL attorney. I have carefully and
thoroughly discussed every part of this agreement with my client.
Further, I have fully advised my client of his rights, of possible
pretrial motions that might be filed, of possible defenses that might
be asserted either prior to or at trial, of the sentencing factors
set forth in 18 U.S.C. 3553(a), of relevant Sentencing Guidelines
provisions, and of the consequences of entering into this agreement.
To my knowledge: no promises, inducements, or representations of any
kind have been made to my client other than those contained in this
agreement; no one has threatened or forced my client in any way to
enter into this agreement; my client's decision to enter into this
agreement is an informed and voluntary one; and the factual basis set
forth in this agreement is sufficient to support my client's entry of

a guilty plea pursuant to this agreement.

 

 

 

Jill's ?unknowilonnl Mar 25, 2020
JANET LEVINE Date
Attorney for Defendant MITCHELL

ENGLANDER

14

 

LON

Case Document 24 Filed 03/27/20 Page 15 of 27 Page ID #:125

A
FACTUAL BASIS

1. The Federal Bureau of Investigation in Los Angeles
and the United States Attorney?s Office for the Central
District of California were conducting a federal criminal
investigation into public corruption throughout the City of Los
Angeles (the ?City?} related to multiple suspected ?pay?to?play?
schemes (the ?Federal Investigation?). The Federal Investigation
involved multiple City officials, developers, investors, consultants,
lobbyists, and other close associates working in furtherance of the
potentially illegal schemes.

2. Defendant MITCHELL ENGLANDER was the councilmember for
Council District 12 in the San Fernando Valley from 2011 until'he
resigned on December 31, 2018 with almost two years remaining on his
?extended? term. Defendant ENGLANDER served as the Council President
Pro?Tempore and was on the Planning and Land Use Management 
Committee until his resignation from City Council in December 2018.
While a councilmember, defendant ENGLANDER also served on other
various City committees, including as the Chair of the Public Safety
Committee, member of the Budget and Finance Committee, the Personnel
and Animal Welfare Committee, the Executive Employee Relations
Committee, the ad?hoc Police Reform Committee, and Board of Referred
Powers. Defendant ENGLANDER was also a reserve member of the Los
Angeles Police Department.

June 2017 Las VEgas Trip

3. On June 1, 2017, defendant ENGLANDER traveled to Las Vegas
with, among others, Businessperson A, City Staffer A, City Staffer B,

Lobbyist A, and Developer A (the ?June 2017 Las Vegas trip?).

DEFT. 1

 

Case Document 24 Filed 03/27/20 Page 16 of 27 Page ID #:126

Businessperson A provided defendant ENGLANDER, City Staffer A, City
Staffer B, and others with hotel rooms at a resort and casino {the
?Resort and Casino"). Specifically, Businessperson A provided them
use of Businessperson A's ?comps,? which were hotel?provided
amenities ordinarily limited to VIP customers who, like
Businessperson A, were typically provided such status because of the
amount of money that customer had provided the hotel in the past and
in order to incentivize further business. Defendant ENGLANDER was
provided transportation from the Las Vegas airport to the Resort and
Casino.

4. On June 1, 2017, defendant ENGLANDER accepted an envelope
containing $10,000 in cash from Businessperson A in the Resort and
Casino?s bathroom. That same day, Businessperson A, in front of the
group, provided defendant ENGLANDER and the rest of the group casino
chips with which to gamble. Businessperson A provided defendant
ENGLANDER approximately $1,000 in casino chips. After defendant
ENGLANDER finished gambling, he, in front of the group, returned the
casino chips to Businessperson A. Later that evening,
Businessperson A provided dinner and drinks for defendant ENGLANDER,
City Staffer A, City Staffer E, Lobbyist A, Developer A, and others
at a restaurant inside the Resort and Casino. Businessperson A was
charged approximately $2,481 for the dinner and drinks for the group.
Thereafter, defendant ENGLANDER, Susinessperson A, City Staffer A,
City Staffer B, Lobbyist A, and Developer A took a limousine provided
by the Resort and Casino to a at another hotel {the
At the Businessperson A paid approximately
$24,000 for bottle service and alcohol for defendant ENGLANDER,

Businessperson A, City Staffer A, City Staffer B, Lobbyist A,

DEFT. 2

 

Case Document 24 Filed 03/27/20 Page 17 of 27 Page ID #:127

Developer A, and others at the Developer A paid another
approximately $10,000 for bottle service and alcohol for the group
and others at the 

5. After the group returned to the Resort and Casino in the
early morning of June 2, 20l7, Businessperson A told defendant
ENGLANDER that Businessperson A was going to order female escorts for
the group to come to their hotel. When two escorts arrived to the
Resort and Casino, Businessperson A paid for their services and
sometime later instructed one of the escorts to go to defendant
hotel room to provide him with services. Businessperson
A was unaware if defendant ENGLANDER accepted those services.

Palm.Springs Event and Lunch

6. From on or about June 10 through June 12, 2017, defendant
ENGLANDER attended a golf tournament at the Morongo Casino Resort and
Spa in Palm Springs, California (the ?Palm Springs event"). On or
about June 12, 2017, at the Palm Springs event, defendant ENGLANDER
accepted an envelope containing $5,000 in cash from Businessperson A
in a casino bathroom.

7. On June 19, 2017, at Businessperson A's request,
approximately one week after the Palm Springs event, defendant
ENGLANDER arranged for Businessperson A, Developer B, and defendant
ENGLANDER to have lunch so that Businessperson A could present his
company and product to Developer B. After-the lunch on June 19,
2017, Developer sent defendant ENGLANDER and Businessperson A an
email thanking Businessperson A for lunch and seeking to set up a

further meeting and ?presentation" from Businessperson A.

Lb)

DEFT. 

 

Case Document 24 Filed 03/27/20 Page 18 of 27 Page ID #:128

Defendant Scheme

8. From in or about August 2017, to on or about December 31,
2018, in a matter within the jurisdiction of the executive branch of
the government of the United States, namely, the USAD and FBI,
defendant ENGLANDER knowingly and willfully falsified, concealed, and
covered up by trick, scheme, and device material facts, namely that:
defendant ENGLANDER had accepted from Businessperson A items of
value, such as cash payments, hotel rooms, luxury outings, and
expensive meals and had been offered escort services; defendant
ENGLANDER had attempted to coordinate statements he made to the FBI
and USAO with Businessperson and defendant ENGLANDER had
counseled Businessperson A how to lie to and mislead the FBI and
USAO. Defendant ENGLANDER carried out the scheme, in substance, in
the following manner:

9. After learning about the Federal Investigation, in or
around August 2017, defendant ENGLANDER privately sent an 
message to Businessperson A via Confide. Defendant ENGLANDER stated
in his message that he wanted to reimburse Businessperson A for
portions of the June 2017 Las Vegas trip.

10. After the FBI contacted defendant ENGLANDER on or about
September 1, 201?, to seek a voluntary interview with him_regarding
an ongoing investigation, defendant ENGLANDER sent a check payable to
Businessperson A to reimburse him for certain expenses related to
their Las Vegas trip. Defendant ENGLANDER dated the check August 4,
2017, before the FBI contacted defendant ENGLANDER, but sent the
check after the FBI requested an interview with defendant ENGLANDER.

11. On October 4, 201?, defendant ENGLANDER met Businessperson

A for lunch in Downtown Los Angeles. During the lunch, defendant

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Case Document 24 Filed 03/27/20 Page 19 of 27 Page ID #:129

ENGLANDER and Businessperson A discussed the June 2017 Las Vegas trip
and the Federal Investigation, including that Businessperson A had
been interviewed and their understanding that City Staffer A and City
Staffer also had been interviewed by the FBI. Defendant ENGLANDER
told Businessperson A that he had an upcoming interview with the 
he further stated that City Staffer told defendant ENGLANDER to
tell the FBI that defendant ENGLANDER had received casino chips from
Businessperson A, but that defendant ENGLANDER had returned those
chips after gambling. Defendant ENGLANDER agreed to call
Businessperson A after defendant interview with the FBI.

12. On October 19, 201?, defendant ENGLANDER, with defense
counsel present, was interviewed by the FBI and USAO regarding the
Federal Investigation, including the 201? Las Vegas trip and his
interactions with Businessperson A (the ?first interview"). .During
this interview, after being advised it was a crime to lie to the
federal government, defendant ENGLANDER falsely stated, on more than
one occasion, that, other than his lawyers and his wife, defendant
ENGLANDER had not informed anyone, including Businessperson A, about
his upcoming interview with the FBI. In fact, as defendant ENGLANDER
knew, on October 4, 2017, defendant ENGLANDER had repeatedly informed
Businessperson A about his upcoming interview with the FBI.

13. On January 31, 2018, Businessperson A contacted defendant
ENGLANDER via Confide. Specifically, Businessperson A wrote: ?Hi
Councilman, I got invite for your Feb/06th event, looking forward to
seeing you, btw, my attorney got call from FBI asking to follow up
about the check." Defendant ENGLANDER responded: ?Fantastic. See
you then. I got a call too. Very stupid. They are waiting [sic] their

time with this."

1

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Case Document 24 Filed 03/27/20 Page 20 of 27 Page ID #:130

14. On January 31, 2018 and February 1, 2018, defendant
ENGLANDER and Businessperson A discussed the Federal Investigation
via Confide. During this exchange, defendant ENGLANDER asked: ?What
exactly are they asking?" After Businessperson A stated that the FBI
was interested in the Las Vegas reimbursement checks, Businessperson
A wrote: ?If we talk about FBI stuff should [be] in person.?
Defendant ENGLANDER responded: ?That's why I suggested a different
phone number." Defendant ENGLANDER then provided a different phone
number, and Businessperson A agreed to call that new phone number
later that evening.

15. On February 1, 2018, Businessperson A left a voicemail
message for defendant ENGLANDER on the new phone number defendant
ENGLANDER had provided to Businessperson A.

16. Between February 2 and February 5, 2018, defendant
ENGLANDER and Businessperson A exchanged messages via Confide.
During this exchange, they agreed to discuss the Federal
Investigation at defendant fundraiser on February 6,
2018.

17. During the fundraiser on February 6, 2018, defendant
ENGLANDER and Businessperson A had a private conversation during
which they discussed the Federal Investigation. During this
conversation:

a. Defendant ENGLANDEB told Businessperson A to falsely
inform the FBI that defendant ENGLANDER and Businessperson A did not
talk about their respective FBI interviews. Specifically, defendant
ENGLANDER told Businessperson A: ?you and I have never had a

conversation. . . . They are going to ask."

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Case Document 24 Filed 03/27/20 Page 21 of 27 Page ID #:131

b. Defendant ENGLANDER told Businessperson A how to
answer certain questions from the FBI, including: ?you should just
say don't know.'"

c. Defendant ENGLANDER told Businessperson A to falsely
state that defendant ENGLANDER had repeatedly attempted to reimburse
Businessperson A for defendant ENGLANDER's hotel room and dinner in
Las Vegas.

d. Defendant ENGLANDER told Businessperson A not to tell
the FBI anything about Businessperson A providing escort services or
?massage ladies" to defendant ENGLANDER. Specifically, regarding the
?massage lady,? defendant ENGLANDER told Businessperson A: ?Donft say
it. . . . Don?t mention. . . . No, no, don?t mention it.?

e. Defendant ENGLANDER agreed to meet Businessperson A
after defendant FBI interview to discuss the interview.

18. On February 7, 2018, at approximately 8:24 a.m. and 10:10
prior to defendant interview with the FBI that day,
defendant ENGLANDER attempted to call Businessperson A via WhatsApp,
an end?to-end messaging service that can also be used for
phone calls. In response, Businessperson A sent a message via
WhatsApp to defendant ENGLANDER, writing: ?sorry miss your call, but
may not good ideal [sic] talk on the phone.? Defendant ENGLANDER
responded: ?Just a quick question." Businessperson A then called
defendant ENGLANDER via WhatsApp. During the conversation, defendant
ENGLANDER asked Businessperson A whether Businessperson A had told
the FBI about the use of escorts during the June 2017 Las Vegas trip.
Businessperson A stated that he had not, to which defendant ENGLANDER
responded: what I wanted to confirm. . . . I appreciate
it.?

3?
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Case Document 24 Filed 03/27/20 Page 22 of 27 Page ID #:132

19. On February 7, 2018, defendant ENGLANDER, with counsel
present, was interviewed by the FBI and the USAO regarding the
Federal Investigation, including the June 2017 Las Vegas trip and
interactions with Businessperson A (the ?second interview"). During
the interview, after being advised it was a crime to lie to the
federal government, defendant ENGLANDER made the following false
statements:

a. Defendant ENGLANDER falsely stated, on more than one
occasion, that he was unaware that Businessperson A intended to
attend defendant fundraiser the prior night. In fact, as
defendant ENGLANDER knew, on January 31, 2018 and February 5, 2018,
via Confide conversations, defendant ENGLANDER and Businessperson A
had confirmed that Businessperson A would attend the fundraiser.

b. Defendant ENGLANDER falsely stated that he and
Businessperson A did not discuss the FBI, the Federal Investigation,
or defendant upcoming FBI interview during the
fundraiser. In fact, as defendant ENGLANDER knew, the day prior to
defendant sedond interview, he and Businessperson A had
discussed the FBI, the Federal Investigation, and defendant
second interview, including what questions to expect,
what to say, and what not to say during upcoming FBI interviews.
Moreover, immediately prior to defendant interview that
day, defendant ENGLANDER reached out to Businessperson A and spoke
about the FBI and USAO interviews.

c. Defendant ENGLANDER falsely stated that he had never
been told the amount of money Businessperson A paid at the 
for the bottle service and alcohol for the group during their June

201? Las Vegas trip. In fact, as defendant ENGLANDER knew, the day

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Case Document 24 Filed 03/27/20 Page 23 of 27 Page ID #:133

prior to defendant second interview, Businessperson A
told defendant ENGLANDER that he had spent between approximately
$20,000 and $25,000 at the for the group.

d. Defendant ENGLANDER falsely stated that Businessperson
A did not provide defendant ENGLANDER benefits other than a hotel
room, dinner, and beverage service during their June 2017 Las Vegas
trip. In fact, as defendant ENGLANDER knew, Businessperson A did
offer defendant ENGLANDER the services of a female escort or ?massage
lady" during their Las Vegas trip and, the day prior to defendant
ENGLANDER's second interview, the two had repeatedly discussed that
topic. Moreover, immediately prior to defendant 
interview that day, defendant reached out to Businessperson
A and they spoke about escorts.

e. Defendant ENGLANDER falsely stated that he did not
tell anyone, including Businessperson a, what to say to the FBI. In
fact, as defendant ENGLANDER knew, the day prior to defendant
second interview, he told Businessperson A, what
questions to expect, what to say, and what not to say during upcoming
FBI interviews.

f. Defendant ENGLANDER falsely stated that, other than
his lawyers and his wife, he had not informed anyone about his second
interview. In fact, as defendant ENGLANDER knew, on February 6,
2018, defendant ENGLANDER, on more than one occasion, informed
Businessperson A about defendant second interview.

g. Defendant ENGLANDER falsely stated that he had no
plans to discuss his second interview with anyone after it occurred.
In fact, as defendant ENGLANDER knew, the day prior to defendant

ENGLANDER's second interview, he planned to meet with Businessperson

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Case Document 24 Filed 03/27/20 Page 24 of 27 Page ID #:134

A to discuss defendant ENGLANDER's second interview after it
occurred.

20. From February 8 to February 12, 2018, defendant ENGLANDER
and Businessperson A exchanged messages via Confide. Defendant
ENGLANDER arranged for the two to meet on February 12, 2018. On
February 12, 2018, defendant ENGLANDER called Businessperson A to
change the time and location of their meeting set for that day.

21. On February 12, 2018, defendant ENGLANDER met with
Businessperson A in defendant ENGLANDER's car in Downtown Los
Angeles. Once Businessperson A entered defendant car,
defendant ENGLANDER told Businessperson A to ?hold on,? then turned
up the car stereo to a very loud volume. Defendant ENGLANDER drove
in circles around the block and did not go to any specific location.
During this time, defendant ENGLANDER and Businessperson A discussed
the Federal Investigation and their FBI interviews. Among other
things:

a. Defendant ENGLANDER stated he did not ?want to be out
there in public? for their discussion.

b. Defendant ENGLANDER repeatedly told Businessperson A
to tell the FBI that he and Businessperson A did not have a
conversation about their FBI interviews. Specifically, defendant
ENGLANDER told Businessperson A that the FBI ?asked if you and I ever
talked at all about the meeting with them. We never had a
conversation.? Defendant ENGLANDER further told Businessperson A how
to respond to questions regarding the topic of the two meeting to
discuss the FBI interviews: ?We never did, never did. . . . You don?t

mention it at all."

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Case Document 24 Filed 03/27/20 Page 25 of 27 Page ID #:135

c. Defendant ENGLANDER told Businessperson A what
questions the FBI would ask Businessperson A and how to answer them.
Specifically, defendant ENGLANDER stated, the FBI was going to ?ask
?Did I ever contact you about how much we needed to reimbursement
Just say, say, don?t remember. We were trying to get
together for a long time and he?s busy and I'm busy, blah, blah.??

d. Defendant ENGLANDER repeatedly told Businessperson A
how to respond to FBI questions about the use of escorts during the
June 2017 Las Vegas trip.' Specifically, defendant ENGLANDER told
Businessperson A to falsely tell the FBI: ?if they check your phone
records and called, just go, called just to see how much money.?

Say, was so drunk I don?t remember calling.? . . . . Dr, 
don't remember, maybe I dialed the wrong number, I don?t know, I
don't remember.? . . . . No, just say, don?t remember.'"

e. Defendant ENGLANDER told Businessperson A not to
disclose their use of Confide. Specifically, defendant ENGLANDER
told Businessperson A: ?No, no, we never had discussions. Nothing
ever about Confide."

f. Defendant ENGLANDER told Businessperson A not to
disclose their conversation at the fundraiser. Specifically,
defendant ENGLANDER told Businessperson A to say Businessperson A
?shook my hand and said hello. That was it."

g. Defendant ENGLANDER told Businessperson A that, if the
FBI had checked their phone records regarding escort services during
the June 2017 Las Vegas trip, to falsely tell the FBI: I didn?t
hire anybody.'?

I h. At the conclusion of the conversation, defendant

ENGLANDER agreed to introduce Businessperson A to defendant

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Case Document 24 Filed 03/27/20 Page 26 of 27 Page ID #:136

builder ?friend,? and defendant ENGLANDER agreed to tour
Businessperson A?s showroom.

22. On or about April 2, 2018, defendant ENGLANDER reported
$1,202 worth of gifts/benefits on his Form 700 for the year 201?, but
did not report, among other things, the $15,000 cash he received from
Businessperson A as a gift or benefit.

23. On November 20, 2018, defendant ENGLANDER met with
Businessperson A. During this meeting, they discussed recent FBI
actions regarding the Federal Investigation. This discussion
included:

a. When Businessperson A referred to ?the cash"?r that
Businessperson A had provided to defendant ENGLANDER in the casino
restroom in Las Vegas on or about June 1, 2017, defendant ENGLANDER
stated, ?I?m not going to say anything" to the FBI about it.

b. Defendant ENGLANDEB agreed that Businessperson A
should omit that they talked about the content of their FBI
interviews during their meeting that day and instead state the
discussion was about defendant ENGLANDER's new job. Specifically,
defendant ENGLANDER told Businessperson A: ?They're gonna say, ?When
was the last time you talked [with defendant 
Businessperson A responded: tell them the truth, we were eating
lunch.? Defendant ENGLANDER then stated: get it, I get it. Just
catch up. . . . [A]bout the new job.?

24. On December 31, 2018, defendant ENGLANDER, with defense
counsel present, was interviewed by the FBI and USAO regarding the
Federal Investigation, including the June 201? Las Vegas trip and
interactions with Businessperson A (the ?third interview?). During

the third interview, after being advised that lying to the federal

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Case Document 24 Filed 03/27/20 Page 27 of 27 Page ID #:137

government was a crime, defendant ENGLANDER made the following false
Statements:

a. When asked whether he received any benefits other than
casino chips {which he paid back), dinners, and a hotel room,
defendant ENGLANDER falsely responded, ?Not that I recall." In fact,
as defendant ENGLANDER knew, Businessperson A provided $10,000 in
cash and offered defendant ENGLANDER the services of a female escort
or ?massage lady? during the 2017 Las Vegas trip. Moreover, the two
had several conversations about the ?massage lady" Businessperson A
offered during the 2017 Las Vegas trip.

b. Defendant ENGLANDER falsely stated that Businessperson
A never provided cash payments to defendant ENGLANDER. In fact, as
defendant ENGLANDER knew, Businessperson A provided defendant
ENGLANDER $10,000 cash in a casino bathroom during the June 2017 Las
Vegas trip and $5,000 cash in a casino bathroom at the Palm Springs
event for a total of $15,000 in 2017.

c. Defendant ENGLANDER falsely stated that he told
Businessperson A to ?share everything, be transparent, and share
everything? with the FBI. In fact, as defendant ENGLANDER knew, he
did not provide such instructions and, instead, repeatedly agreed
that Businessperson A should omit certain information.

d. Defendant ENGLANDER falsely stated that he could not
recall if he had ever used Confide at all or, if he had, with whom he
had used it. In fact, as defendant ENGLANDER knew, he had Confide
registered to him on his phone at the time of the third interview and
had recently used Confide to discuss matters with Businessperson A
and Lobbyist B. Moreover, on February 12, 2018, defendant ENGLANDER

told Businessperson A not to disclose their use of Confide.

DEFT. 11111? 12% 13